(a) All decrees or orders cannot be reviewed. The right of review has been conferred by Section 114 and O. 47, R. 1 of the Code. Any person aggrieved (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed, (c) by a decision on a reference from a court a small causes, may apply for a review of judgment to the court which passed the decree or made the order on any of the following grounds:
(1) Discovery by the applicant of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or
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(2) On account of some mistake or error apparent on the face of the record, or
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(3) For any other sufficient reason.
(1) Discovery of new and important matter or evidence:
The party seeking review must show that he exercised greatest care in adducing all possible evidence and that the new evidence is such as is relevant and that if it had been given in the suit it might possibly have altered the judgment. It is not only the discovery of new and important evidence which entitles a party to apply for a review, but the discovery of any new and important matter which was not within the knowledge of the party when the decree was passed or order made.
(2) Mistake or error apparent on the face of the record:
It is not limited to a mistake of fact. It may be of law. Failure to consider a ruling is not such an error. It should be an error which can be seen by a mere perusal of the record without reference to any other matter.
(3) Any other sufficient reason:
These words have been interpreted by their Lordships of the Judicial Committee to mean a reason sufficient on grounds at least analogous to those specified in (1) and (2).
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It might be added that a review application should be filled before the appeal is lodged. An appeal may be filed after an application for review, but once the appeal is heard the review cannot proceed.
On the other hand, if the application for review is granted and a new decree is passed, the appeal cannot be heard and it must be dismissed for the decree appealed from is superseded by a new decree.
To whom application for review may be made.—
1. Where a decree is passed by a High Court Judge, the application for review of the judgment may be made to that Judge or to his successor-in-office, on any of the grounds on which review application can be made.
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2. Where a decree is passed by a Judge other than a High Court Judge, the application for review may be made to the Judge, who delivered the judgment or to this successor-in-office provided the review is sought on the ground of—
(i) Discovery of new and important matter or evidence;
Or
(ii) Some clerical or arithmetical mistake or error apparent on the face of the decree.
(b) No. it is not a good ground for review of judgment for it does not come in clause (1) of answer to question No. 199 (a) because the words are “new and important matter or evidence”. It also does not come in clause (2) because when the view of law on which a judgment is based is subsequently overruled, it cannot be mistake or error on the face of the record.
It does not come in clause (3) also because the words “other sufficient reason” have been construed to mean “a reason analogous to those in clauses (1) and (2) above.”
The explanation to O. 47, R. 1 specifically states that the fact that the decision on a question of law on which the judgment of the court is based has been reversed or modified by the subsequent decision of a superior court in any other case, shall not be ground for the review of such judgment.